South Dakota § 29A-3-713 Sale, encumbrance, or transaction involving conflict of interest--Voidable--Exceptions.

South Dakota Statutes

§ 29A-3-713 — Sale, encumbrance, or transaction involving conflict of interest--Voidable--Exceptions.

South Dakota § 29A-3-713

Title 29AUNIFORM PROBATE CODE

Ch. 29A-2PROBATE OF WILLS AND ADMINISTRATION

This text of South Dakota § 29A-3-713 (Sale, encumbrance, or transaction involving conflict of interest--Voidable--Exceptions.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 29A-3-713 (2026).

Text

Any sale or encumbrance to the personal representative, the personal representative's spouse, agent or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless:

(1)The will or a contract entered into by the decedent expressly authorized the transaction; or (2) The transaction is approved by the court after notice to interested persons.

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Any sale or encumbrance to the personal representative, the personal representative's spouse, agent or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless: (1) The will or a contract entered into by the decedent expressly authorized the transaction; or (2) The transaction is approved by the court after notice to interested persons.